Well, it's the bosses against the workers in the State Senate again tomorrow, and you would think it would be a walkover, right?

After all, the Democrats and Progressives have a 23-7 lead in the upper chamber, which should guarantee their ability to drive the agenda. That, in turn, should mean that where the issue is a very stark bosses vs. workers battle, the workers should come out on top, right?

What will happen tomorrow, though, is still undecided. The issue, once again, is the treatment of the people the newspapers hire to deliver their papers door to door. Over the winter we saw the newspapers mass their efforts to try to block a rule that would make the newspaper carriers eligible for unemployment benefits. As we reported here in February, the Department of Labor had proposed a rule to implement a law passed by the Legislature way back in 2006 to exempt certain sales people from unemployment as independent contractors, but the Douglas administration had ideas of its own and issued an internal policy applying the exemption to newspaper carriers and denying them the protection of unemployment benefits. After seven years and a change of administration organized labor found out about the Douglas administration's secret policy, the Department of Labor looked into it, and a rule was proposed to reverse the exemption.

What's happening tomorrow is that some Republicans and a few of the most conservative Democratic Senators are pushing a bill on the floor of the Senate to enshrine the newspaper carrier exemption in law. It's a proposed amendment to H. 169 and the sponsors are Senators  Mullin, Benning, Flory, Galbraith, Mazza, McAllister, Sears, Starr, Snelling, and Westman, and they're trying once again to push through an exemption they couldn't get through the House in 2006.

  You probably realize that newspapers generally aren't delivered by the iconic paperboy anymore, that eager youth pedaling his bike up and down the lanes, tossing each day's paper on the doorsteps of his neighbors. No, newspapers are now mostly delivered by adults driving motor routes, getting up at ungodly hours, driving for miles in their broken-down cars for meager pay. (As you might guess, this is not exactly a plum job; I've never known anyone who had another option who has done this for a living.)

 I encourage you to hop over to Vermont Digger and read their story. More importantly, read the comments from the hardworking men and women who actually have to do this work and see what it's like to try to scrape together a living driving the daily paper all to hell and gone.

 There are undoubtedly newspaper delivery drivers in every county of the state, and almost every town. I don't think there are any figures of who many in total, but I wouldn't be surprised if it's in the hundreds. All thrown under the bus if this amendment passes. Low-wage workers all over Vermont lose out if the amendment passes.

And who benefits? A handful of newspaper publishers, not least of whom is John Mitchell, the publisher of the Times Argus and Rutland Herald, who has been stalking the halls of the State House all session  to drum up support for his amendment.

The amendment has only ten sponsors, so that's not enough to pass it without a major pickup. Legislators listen to phone calls, so if you think that the Vermont Senat should not be dishing out favors to business owners at the expense of low-wage workers, let your Senators know about it.

If you think newspaper delivery drivers should have the protection of unemployment compensation, call the Sergeant at Arms and ask them to leave a message for your senators to vote NO on the newspaper carrier amendment to H. 169. That number is 828-2228 and they'll be glad to take your message. 

I don’t know if anyone caught the opening of the George W. Bush Presidential Library; but it was a revisionist love-feast with all the living ex-prezes and their spouses lined up on the podium next to the Obamas.

Everyone took great pains to compliment one another, and you just knew they all shared the secret password; maybe even matched launch-codes for a door prize.

The universal subtext was: “If we knew then, what we do now…(wink-wink.)”

Yeah, if only…

Vermont’s craft beer scene is red-hot. Breweries like Hill Farmstead, Lawson’s Finest, and Alchemist (Heady Topper, sigh) can hardly keep their product on the shelves. They’re winning national acclaim, and Vermont “beer tourism” is becoming quite a thing.

So wouldn’t it make sense to allow our craft brewers to ship directly to customers? Vermont wineries can do it; why not beer makers? Vermont’s brand (and brew) would get broader distribution, potentially creating opportunities for even more microbrewers and nanobrewers to enter the market.

As it happens, there’s a bill before a House committee that would do just that. Said committee took testimony yesterday, and you’ll never guess who spoke against the bill. Yep, retailers and distributors, who apparently fear the minuscule loss of sales they might suffer.

And boy, did they have to dig deep to find arguments against the bill.

A retailer and a distributors association testified Wednesday before a House committee that they are concerned about being shipped to underage consumers.

Really?

America’s thirsty teenagers are just waiting for the chance to mail-order high-priced specialty brews with complex flavor profiles?

Naah. They’re gonna keep on trying to buy Old Mil at their local party store.

But wait, there’s more!

They say that if Vermont allows beer to be shipped in state, then it would have to open itself up to out-of-state breweries shipping beer to Vermont customers.

To that, I say (and I’m sure Hill and Lawson and Alchemist would agree), “Bring it on!”

And one more specious argument, this from George Bergin of Vermont Wholesale Beverage in Winooski:

Selling alcohol in stores helps the Department of Liquor Control monitor who the beer is sold to and what condition they’re in when they buy it, to ensure they’re selling it safely, he said.

Wait wait wait. So you’re telling me that if this bill passes, somebody might drunk-order beer over the Internet.

Uh, there’s a small problem with that scenario: the delay between order and delivery. More than enough time to dry out, even if you pay the extra for overnight express.

Three strikes, the opposition is out.

Besides, I really don’t know what they’re so worried about. The only people who are going to mail-order beer are those who are (a) seeking a specialty product not available in their area, and (b) willing to pay full price plus shipping. That’s a small and devoted clientele. Hardly a threat to retailers and distributors, but to specialty brewers, it’s a significant new opportunity.

I hope the Legislature ignores the groundless pleadings of middlemen and retailers, and passes a bill that would open new markets to some of our best entrepreneurs.  

Governor Shumlin had a news conference today; his first in two weeks. It came at a time when the Legislature is in high gear, trying to plow through its most contentious issues before adjournment. But the Governor’s topic today wasn’t taxes, or the Earned Income Tax Credit, or the Reach Up lifetime cap, or any of the other issues where he’s been at odds with most of his own party.

No, it was education. With a dual focus: the not-terribly-controversial elements of his education program*, and the not-at-all-controversial celebration of Vermont’s semifinalists for the 2013 Presidential Scholars Program — six high school seniors of remarkable intelligence and achievement.

*His press release omitted his proposed EITC cut to fund child care.

It was a nice event, but there was one false note. It was like going to a top-notch classical concert where there was one notable blunder: it’s unfair to judge the whole event by one discordant note, but it’s also difficult to ignore.  

The six semifinalists, two of whom will be chosen as Presidential Scholars, are Abigail Dutton of South Royalton, David Fickes of Peacham, Julia Gilbert of Montpelier, Sossina Gutema of Essex, Timothy Rizvanov of Essex Junction, and Lucy Rogers of Waterville. The Governor announced each of them in turn (except Gilbert, who was out of town) and read a list of their achievements.

And when he got to Gutema, whose father is Ethiopian and whose mother is originally from East Germany, and who is a lovely young woman with a well-tended Afro, the Governor referred to her as “one of the great students that helps Vermont be a more diverse and extraordinary state.”

Which immediately made me think, Why is the brown one always the Avatar of Diversity?

Especially since there was another perfectly good Avatar on hand: Timothy Rizvanov, child of two Russian emigres. But he’s white, so he doesn’t count, I guess.

It’s a small point, and I don’t want it to overshadow the entire presser or the accomplishments of these six students. But it’s a point worth making. It speaks to the way Us White People tend to unconsciously pigeonhole those of other races and ethnicities. And even though it was meant in a perfectly positive way, it was a false note in an otherwise pleasant performance.  

It’s amazing what a deadline can do to the legislative process. In the blink of an eye, deliberation becomes action. Today’s Exhibit A: the hastily-arranged House/Senate compromise on raising Vermont’s gas tax, which could be signed into law as soon as tomorrow. As reported by the Freeploid’s Nancy Remsen (who, as far as I can tell, is the first with the story), the chairs of the House and Senate Transportation Committees had a late-afternoon meeting yesterday with Governor Shumlin, which produced a compromise between the two chambers’ competing versions of the bill.

After an hour of intense talks. One… single… hour.

I won’t reproduce all the details, but suffice it to say the compromise bill accomplishes two things: it provides enough revenue to give Vermont its full draw on federal transportation funds, and it gradually begins to shift the gas tax from a per-gallon levy to a per-dollar tax.

The House and Senate are likely to vote on the bill today, and the Governor may sign it tomorrow. Perhaps at his weekly press conference, scheduled for 11 a.m. Thursday.

So why the sudden rush? It’s the money, honey.

… time was short to enact the law changes so the new assessment could take effect next Wednesday. If lawmakers had failed to deliver the bill to the governor in time for the intended May 1 start date, the expected revenues would fall short by $1.6 million.

Which would have caused an additional shortfall in federal funds. Powerful motivation. Enough to make even the pokiest of lawmakers sit up, take notice, and do something.

Thumbs up to Remsen for getting the story. From my brief scan of other news outlets, it seems to be a Freeploid exclusive.

OTOH, thumbs down to the Freeploid for feeding the trolls.  

In its unbridled pursuit of multi-platforming, social media, consumer engagement, or insert your own Digital Age buzzword, the ‘Loid posted a question on its Facebook page:

Get ready for higher gas prices. Vermont lawmakers reached agreement late this afternoon on a plan to hike fuel taxes, which they say is needed to compensate for falling revenue as driving habits change. What do you think about the plan?

It’s like waving a red flag in front of a bull. And it produced the predictable cascade of conservative ranting. A small sample:

Y’know, the Comments under news articles in the Freeploid and other MSM outlets are toxic enough. Why encourage the trolls on your Facebook page?

Yeah, I know. Pageviews.  

(Worth a wider audience… – promoted by simplify)

The biggest impediment to Senator Leahy’s legacy is – and continues to be – Leahy himself. Consider the following piece that appeared in yesterday’s Rutland Herald entitled “Immigration debate could define Leahy’s legacy in Senate”:

Over nearly four decades, Leahy has compiled an extensive resume of workmanlike accomplishments, lauded but little known beyond the immediate beneficiaries…

They are important achievements, he says, but not the sort carved into marble in the Capitol.

Then came 2013 and two huge tasks, guiding the first major gun control legislation since 1994, then managing the broadest overhaul of U.S. immigration law since Ronald Reagan was president…

“I think this moment, particularly immigration reform, will figure large in how he ultimately is perceived,” Podesta said.

Now, consider the political reality in the US Senate. From last week:

Earlier this week a bipartisan amendment, the Manchin-Toomen amendment, went down to defeat in the U.S. ( U.S. stands for United States – not Useless and Spineless) Senate.  The gun control compromise was fashioned by Sens. Joe Manchin (D-W.Va.) and Pat Toomey (R-Pa.)

The amendment, supported by an overwhelming majority of Americans, which would have required background checks on all commercial sales of guns, got the support of 54 members and was opposed by 46. It needed 60 votes to move forward.

Background checks has enormous support from the public, and the Republicans would not even let that issue come to a vote. With Mitch McConnell running for re-election in Kentucky next year, he will continue to use every opportunity to burnish his hard-right bona fides every chance he gets. “Gang of six” or no, that means immigration reform – even watered-down – will never, ever, ever be allowed to come to a vote.

And who is responsible for continuing to allow Mitch MCConnell to wield this kind of absolute power in the Senate – even though he leads the “minority?”

The failure to reform the filibuster is a very bad thing. The question is why so many Democratic senators-including some blue-state representatives like Vermont’s Patrick Leahy and California Senators Dianne Feinstein and Barbara Boxer-showed so little inclination to act in the interests of progressive values.

A small group of very powerful Democratic Senators – Leahy among them – stubbornly refuse to accept the fact that is not not the 70s or the 80s anymore – this is the here and now. In the here and now, this Republican Party would sooner tell Mr. Leahy to go f— himself than join him in rebuilding the long-dead Senate chumminess our senior senator clings to the memory of.

The American people suffer from this endless parade of filibusters because a few Senators refuse to accept that most basic message of nature; the need to adapt.  

Thanks to Ed Garcia (kestrel) on FACEBOOK for posting the Vermont State Police press release of 4/19/13 warning Vermonters to report ‘suspicious’ activity that might relate to events in Boston.  Apparently the State Police that morning got a call about a Boston area taxi driving ‘suspiciously’ in the passing lane of I-89 at 45 mph.  When stopped, it was found the cab carried no terrorists.  “Whew.”  BUT, we must still maintain our ‘unique’ Vermont vigilance, for the everyday activities of all of us Vermonters are constantly suspect, being as how we’re all Radicals, Gays, Gun Nutters, Tree-Huggers, and all belong to that Great Vermont Yard-Sale Underground Movement.  Also, my thanks to those two great movies, INVASION OF THE BODY SNATCHERS (both versions) and BRAZIL.

Peter Buknatski

Montpelier, Vt.

(“AaaaAAAYYaaaahhh…EEEK!”  Scream and Point.  Kind of reminds me of that VIGIL shit from after George Bush’s re-election in 2004–Smile and Wave.)    

Well, well. Peter Hirschfeld’s article on the internal strife in the Vermont Republican Party continues to provoke reaction — most of it within Republican circles. (Full article behind the Mitchall Family Paywall; short version available free here. My summary with commentary available here on GMD.) The gist of the piece is that a group of (relatively) moderate Republicans led by Lt. Gov. Phil Scott is making a serious bid to take control away from the pack of far-right losers who have led the party into the political wilderness.

And now, VTGOP chair “Angry Jack” Lindley has sent an e-mail to “My Fellow Republicans” in which he tried to reframe the internal debate, to whit:

— Portraying the VTGOP as a big-tent operation with its own identity.

— Defending his own track record as party chair.

— Providing a list of all the great things going on in Republicanland.

— Giving Lt. Gov. Phil Scott a good smacking around.

(I’ve appended the full e-mail to the end of this diary.)

Let’s start with the last bit first, shall we? In his message, Lindley ignores Scott’s concerns about policy and focuses on process: It’s not proper, says Jack, for an elected official to “dominate or run the State Party.”

Jack’s got a point, but only a technical one. Of course, a single officeholder shouldn’t “dominate” his or her party. But I don’t think Phil Scott is trying to do that. He simply sees a party that’s gone seriously off the rails, and is trying to assemble a group of like-minded Republicans to chart a new course. And methinks Lindley is being a bit too dismissive of Scott, considering that he’s the only statewide Republican with a record of success and proven appeal to independent voters. At the very least, Lindley ought to welcome Scott’s advice and input. He’s the only winner you’ve got!

Lindley admits the 2012 results were “disappointing,” which is about the kindest possible characterization. But he points out that he’s pulled the party out of debt — mainly by not spending any money whatsoever —  and begun “building for a successful 2014.” Don’t know if he managed to write that with a straight face, but never mind.  

So, what exciting work is being done to build a successful 2014? Lindley lists 12 “things we are working on”:

1. New Political Director hired and on the job

2. Strategic Planning Committee is drafting a plan for success

3. A new more modern VTGOP website

4. More active social media (are you following us on Twitter and Facebook?)

5. Weekly Chairman’s Newsletter (coming next week – every Wednesday)

6. The annual summer Boat Cruise

7. A special event with a notable GOP leader (mid-summer)

8. Recruiting of candidates (we already have 7 interested candidates!)

9. Social Media Training

10. Candidate Body Language Training

11. Candidate Messaging Training

12. Women for VT’s future

My favorite is “Body Language Training.” I think Jack Lindley himself ought to enroll in numbers 10 and 11. And I can hardly wait to start receiving his weekly Chairman’s Newsletter.

None of this addresses the VTGOP’s fundamental problem: its ideology. Whether or not it’s a captive of the national GOP, it has thoroughly demonstrated a complete lack of appeal beyond a hardcore 35% conservative electorate. And if it doesn’t find a way to broaden its appeal, it is doomed to failure after failure.

Lindley’s e-mail also includes the entire text of Hirschfeld’s article, which would seem to be a pretty profound breach of copyright. And a curious move from someone who supposedly respects property rights and entrepreneurship. I wonder if anyone from the Mitchell Family will protest. And if they do, I wonder how Lindley will react.

And now, here’s the Lindley e-mail to his fellow Republicans. (The lack of proper spacing is taken straight from the original.)

____________________________________________________________

Greetings!

You may have heard, that earlier this week, the Times Argus and Rutland Herald published

an article about struggles within our Party. I’ve included the article below for

anyone who hasn’t seen it first-hand.

As you know, this is not my first rodeo. I was State Party Chair from 1978 to 1981

and in 1988 I had the honor of being chosen to be State Chair for Bush 41. I also

served as our Republican National Committeeman from 1992 to 1996 and as Party Treasurer

from 1976 to 1978. These struggles within the GOP have existed for decades and will

continue long after I’m gone. I believe these struggles can be healthy and productive

discussions and that we as Vermont Republicans will be better for the open debate

we are having about our future.

I want to be clear about two things:

1. We are VERMONT Republicans and while we are affiliated with the Republican National

Committee, they do not define us. Our Vermont Republican Party has a set of principles

and our platform defines our beliefs in a broad way and we welcome people with a

wide and diverse view of public policy. It is the responsibility of individual

candidates to articulate their beliefs. As a Party, our job is to provide a thoughtful

overall framework for candidates with a wide range of beliefs.

2. I do not believe that one candidate or potential candidate should dominate or

run the State Party. As per our Party Rules it is the State Committee and the Ex

Committee, working with the County and Town organizations that set our goals and

activities.

When Dick Snelling tried to run our Party in the late 70’s, I opposed that notion

and eventually

convinced him that the State Party needs to be open to ALL candidates who wish to

participate. Only after primaries or in cases where a candidate is unopposed, should

the Party begin to focus on helping individual candidates or office holders.

We must all come together to discuss, think, and work together to rebuild our party.

The Republican Party has contributed great leaders to Vermont in search of improved

lives for all of Vermont’s citizens. Our work is important and considering the news

this week, I am even more motivated to rebuild the Vermont Republican Party with

your help.

The election results for 2012 were disappointing, but we are building for a successful

2014. Since I was first elected Chair, I retired several long standing debts and

have kept us in the black ever since. Going forward, here are some of the things

we are working on and will be launching in the coming months and weeks:

1. New Political Director hired and on the job

2. Strategic Planning Committee is drafting a plan for success

3. A new more modern VTGOP website

4. More active social media (are you following us on Twitter and Facebook?)

5. Weekly Chairman’s Newsletter (coming next week – every Wednesday)

6. The annual summer Boat Cruise

7. A special event with a notable GOP leader (mid-summer)

8. Recruiting of candidates (we already have 7 interested candidates!)

9. Social Media Training

10. Candidate Body Language Training

11. Candidate Messaging Training

12. Women for VT’s future

Please always remember being Vermont Republican is about:

Respect for the US and VT constitutions

Respect for life (even in pro-choice positions)

Belief in a constitutionally limited government

Belief in personal responsibility

We as Republicans should and must unite on the principles that bring us together

and work together to grow our Party and elect all Republican candidates in 2014!

Now, let’s come together to work hard and win in 2014! Thank you each and every

one of you for your work and effort on behalf of Vermont’s future.

Sincerely,

Jack

Not yet uploaded on the ‘St. Albans Messenger’ website is Michelle Monroe’s great piece on the ‘Vermonters First’ attack mailings.  She went right to the horses mouth(?) by e-mailing a list of questions to which Mr. Brooks responded.

It is an excellent, detailed and balanced article that gives both parties ample opportunity to explain themselves. The end result is that McCarthy comes off looking great, while Brooks shows himself to be the opportunistic shill we know so well.

_____________________________________________________________________

‘Looks like the elusive queen of money politics in Vermont, Lenore Broughton, is lobbing poison apples once again.

Thursday’s mail delivery in St. Albans brought a brand new attack circular against Democratic Rep. Mike McCarthy, replete with the usual gaudy graphics and poor design value that “Paid for by Vermonters First” has come to signify.

This one was labelled “Official Citizen’s Petition,” and comes with a tear-off card addressed to Mr. McCarthy at a St. Albans address on Lake Street (?)  

“Official,” is it? Maybe I’d have been more impressed if it came with a decoder ring.

The mailer is predictably laced with hyperbolic fantasy about how Mike’s rather mainstream votes mean the end of life as we know it in Vermont:

Mike McCarthy’s taxing spree will mean another pay-cut for you and your family…You’ll have less money to pay college tuition, you’ll have to work longer until you can retire, and you’ll have less to spend on vacation.

Wow!  That’s a lot for one guy to have done in barely three months at the State House.

It’s obviously an ill-fitting generic product that “Vermonters First” has re-purposed as an extremely early ice-breaker for the 2014 election; but it wasn’t  well-received by  one City resident, who posted an irritated query on Front Porch Forum asking ‘why now?’…and whose money is behind Vermonters First?

The writer guessed correctly that it was not local money.  

As a Front Porch Forum participant myself, I was only too happy to provide some background.

I see that Mike posted his own reply to the querying neighbor, which was gracefully expressed and appropriately focussed on the facts relevant to his votes.  He invited his constituents to contact him directly to discuss anything that might concern them.

Nicely handled, Mike!

Ms. Broughton’s unseasonable interest in St. Albans provides for entertaining speculation.  

Since Tayt Brooks is still presumably wielding her checkbook, perhaps his buddy, Republican Casey Toof, who lost to Mike in 2012,  thinks that if he gets a headstart on attack ads more than a year in advance, he might still see the inside of the State House.  Or maybe Mr. Brooks has aspirations of his own?

Somehow, I think voters here in St. Albans will not appreciate being harassed with unsolicited mailers almost a year out from the election.

Perhaps Vermonters First ought to try a few robo-calls just to get the ball rolling.

Awww. Vermont’s Worst Senator™, Peter Galbraith, is feeling all butthurt. The Slummin’ Solon was on the short end of a (cough) 29-1 vote Thursday on one of his most dearly-held issues: campaign finance reform.

The State Senate, after going back and forth and back again on Galbraith’s pet cause, a ban on corporate contributions, finally decided to pass a bill without the corporate ban. In the end, Galbraith was all by himself.

Naturally, he took his defeat with all the grace you’d expect from a former diplomat. He called the bill a “sham,” accused his fellow Senators of “hypocrisy,” and added these thoughtful reflections:

“The Senate voted to allow wealthy people to cheat,” Galbraith said Friday. “It was not a great day for the Vermont Senate, that’s for sure.”

He oughta know about wealthy people gaming the system, since he self-funded his two Senate campaigns to the tune of $50,000 a pop — more than enough money to scare off any candidate who didn’t happen to be fabulously rich. Banning corporate contributions may be a good thing in general, but it’d have the happy side-effect of closing off one possible fundraising avenue for potential Galbraith challengers.

All I can say is he deserved what he got.  

He screwed up the Legislature’s campaign finance reform effort last year with his insistence on a corporate ban, and he did his best to screw it up again this year. And I haven’t even mentioned his ham-fisted intervention in the death with dignity debate, which killed Claire Ayer’s thoughtful bill and substituted his back-of-a-napkin version.

Given the fact that there are several Senators who agree with Galbraith on banning corporate money, I suspect the 29-1 tally reflects a deep disdain with his antics. Jeanette White, sponsor of the campaign finance reform bill (who must feel like she’s been on a two-week roller coaster ride), chided Galbraith for comments that were “not respectful to the 29 other senators or to the process itself.”

What we’re left with, after all the Senatorial sturm und drang, is a pretty darn good bill that had the solid backing of all three major parties and STILL had all kinds of trouble getting through the Senate, which is quite a remarkable feat. In the worst possible way.

The bill now goes to the House, where it may or ;may not run into more trouble, but at least it won’t have to deal with the Slummin’ Solon anymore.

The thing about a prophet without honor in his own country is, sometimes it’s because the prophet is too far ahead of his time to be recognized by those closest to him. And sometimes it’s because he’s so bumf**k crazy that he alienates everyone around him..